“Two Colours” claims about retrial delay rebuffed by DPP

…says murder accused changed decision on taking plea deal

On several occasions, murder accused Lennox Wayne had indicated to the State that he wished to plead guilty to the lesser offence of manslaughter; such an indication was last made in November 2020. The State had made preparation to take his guilty plea, but Wayne had changed his decision, which he is entitled to do.

This is according to a statement released on Thursday by the Chambers of the Director of Public Prosecutions (DPP) in response to claims by the murder accused that he is being denied a fair hearing within a reasonable time, as guaranteed under Article 144 of the Constitution of Guyana.
“The State was willing to accept his guilty plea to the lesser offence of manslaughter,” the statement noted.
Lennox Wayne, also known as ‘Two Colours’, and Melroy Doris are jointly charged with the murder of 19-year-old cosmetologist Ashmini Harriram, who was gunned down on July 10, 2014 at Lusignan, East Coast Demerara. They were initially charged in 2014, and were committed to stand trial in 2015 at the Demerara Criminal Assizes.

The matter came up for trial in April 2017, and ended weeks later in a hung jury. As such, the trial judge had ordered a retrial for the two men, who remain on remand.
But almost four years later, the retrial has not started. Despite his name being listed on the Demerara Criminal Assizes for retrial in 2018, 2019, 2020, and 2021, Wayne is yet to appear before a judge and jury.
In the circumstances, Wayne is contending that his right to a fair trial within a reasonable time, as guaranteed under Article 144 of the Constitution of Guyana, has been infringed as a result of the delay in his retrial. As such, the murder accused has filed a constitutional motion in the High Court, in which he is asking for a permanent stay of the murder charge against him.
The murder accused has also requested that he be admitted to bail pending the determination of the motion.
Wayne is also asking the court to award him in excess of $100,000 in damages for the breach of his constitutional right.

In an affidavit, Wayne has deposed that he was advised by his lawyers, and verily believes, that they have made several oral and written requests to the DPP and several State Counsels for his retrial to commence. These requests, he added, have been to no avail.
Having regard to the foregoing, Wayne is asking that the reliefs in his application be granted.
Meanwhile, Harriram was shot dead just as she disembarked a minibus in Lusignan, East Coast Demerara. According to reports, the young woman, of Lot 9 ‘B’ Lusignan Embankment, and her mother were returning from Georgetown when Harriram disembarked the bus. A man who was parked and waiting took away her cellphone and shot her.
She was rushed to the Georgetown Public Hospital, where she was pronounced dead on arrival. (G1)